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Union of India v. Ram Lakhan Sharma

Civil Appeal · 2018 INSC 558Decided 2 Jul 2018
Civil Appeal No. 2608 of 2012
Justice Adarsh Kumar Goel · Justice Ashok Bhushan

Background

This batch of four appeals was filed by the Union of India challenging Gauhati High Court judgments that had set aside the removal/dismissal of several CRPF personnel and ordered their reinstatement. In each underlying case, the disciplinary inquiry had proceeded without a Presenting Officer being appointed, and the Inquiry Officer himself had conducted the examination of the prosecution witnesses. The High Court had found this arrangement violated natural justice because the Inquiry Officer effectively acted as both prosecutor and judge.

Decision Breakdown

The Supreme Court held that the CRPF Rules, 1955 do not mandate appointment of a Presenting Officer, and non-appointment alone does not automatically vitiate an inquiry. However, drawing on precedent on natural justice and bias (including A.K. Kraipak v. Union of India and State of U.P. v. Saroj Kumar Sinha), the Court held that if the Inquiry Officer himself steps into the shoes of a prosecutor, leading examination-in-chief of prosecution witnesses and effectively prosecuting the case, the principle against bias is violated, since the Inquiry Officer is meant to be an independent, unbiased adjudicator. On the specific facts, where the High Court had found the Inquiry Officer did act as prosecutor, the Court agreed this vitiated the inquiries. All four appeals were accordingly dismissed, but subject to the liberty (as already granted by the High Court) for the authorities to hold a fresh inquiry from the stage of appointing a proper Presenting Officer, with arrear pay/allowances to be decided by the authorities.

Lesson Learnt

In any disciplinary inquiry, the Inquiry Officer must remain a neutral adjudicator; if they personally conduct the prosecution's examination of witnesses rather than merely facilitating the hearing, the inquiry is tainted by bias and can be struck down, even though the law does not require a separate Presenting Officer in every case.

Official source (sci.gov.in)View Judgment (PDF)

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